Tag Archives: complicity

28 July 2013: ICT-1 Daily Summary – Chowdhury Prosecution Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury
  2. Chief Prosecutor vs. Mobarak Hossain

In the Chowdhury case the Prosecution began their Closing Arguments, addressing charges 1, 2 and 3. The Defense also filed an application seeking adjournment stating that Shamim Hasnain is willing to testify in the case and has requested permission to do so from the Chief Justice. They requested adjournment until approval is granted. The Defense also attached a letter sent by Salman F Rahman (one of the proposed DWs) to the registrar in which the potential witness stated that he is currently out of the country, has fallen ill and has been instructed by his doctors to recover prior to traveling. The Tribunal responded that if it decided the application merited hearing it would appear in the cause list the next day.

In the case against Mobarak Hossain today was scheduled for the examination-in-chief of Prosecution Witness 7. However, due to the Closing Arguments in the Chowdhury case the Tribunal rescheduled the witness’ testimony for 12 August. Continue reading →

25 July 2013: ICT-1 Daily Summary – ATM Azharul Islam Cognizance of Charges, Mir Qasem Ali Defense Applications

Today the Tribunal heard matters in the following cases:

  1. Pre-trial Proceedings against ATM Azharul Islam
  2. Pre-trial Proceedings against Mir Qasem Ali

Today in pre-trial proceedings against suspect ATM Azharul Islam the Prosecution submitted the Formal Charge before the Tribunal. The Tribunal passed an order taking cognizance of the Formal Charge and numbered the case as ICT BD Case No 5 of 2013. The Tribunal also directed the Prosecution to supply the Defense with all of the documents on which the Prosecution intends to rely, as well as the full list of proposed witnesses by the end of the day. They scheduled 18 August for hearing arguments regarding framing of the charges.

The Tribunal also heard an application filed by Alim’s Defense counsel requesting medically appropriate transportation of the suspect to and from the Tribunal. The Defense submitted that the ATM Azharul Islam suffers from back pain but is transported by prison van. The Prosecution objected saying that if such accommodation was made available to all it would create difficulties for the jail authorities due to the shortage of health friendly vehicles. The Tribunal passed an order directing the jail authority to provide ATM Azharul Islam health friendly vehicle if such vehicle is available to the prison authority.

In the pre-trial proceedings against suspect Mir Qasem Ali the Tribunal heard a Defense application seeking adjournment. The Defense submitted that they need privileged communication with their client Mir Qasem Ali. The Defense also requested legible copies of some Prosecution documents. The Tribunal rejected the request for adjournment but scheduled 28 July and 1 August from 10 am to 1 pm for privileged communication between the Defense and their client. They also directed the Prosecution to supply legible copies of the concerned documents if possible. They then heard the Prosecution’s submissions regarding the proposed charges against Ali.

The Prosecution submitted that until 6 November 1971, Mir Qasem Ali was the secretary of the Islami Chhatra Shangho Chittagong division. Between 6 November and 16 December 1971 they claimed that the Accused was also the general secretary of the Provincial Committee of the Islami Chhatra Shangho. They alleged that Mir Qasem was ‘Al-Badr high command.’ Most of the crimes allegedly committed under the leadership of Qasem Ali of took place at Dalim Hotel. The Prosecution briefly read out the 14 charges proposed against Mir Qasem Ali and stated that they had submitted the investigation report, a book titled ‘Muktijudder Potovumi’ vol- 1 and 2, witness statements, map of the place of occurrence, photos, and CDs in support of the charges. The charges are proposed under sections 3(2)(a), 3(2)(g), and 3(2)(h), indicating allegations of crimes against humanity; attempt, abetment or conspiracy; and complicity. The proposed charges are also framed indicating sections 4(1) and 4(2) as the relevant modes of liability, encompassing joint criminal liability and command responsibility respectively. Among the 14 charges proposed, charges 11 and 12 are for murder while the rest are for confinement, abduction, torture and other inhumane acts.

4 June 2013: ICT-2 Daily Summary – Mujahid Defense Closing Arguments and Prosecution Reply

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid

The Defense  completed their closing arguments before Tribunal 2 in the case of Mujahid,  discussing the evidentiary issues and the required elements for liability under the Doctrine of Joint Criminal Enterprise (JCE).

The Required Mental State for Liability Under Joint Criminal Enterprise
The Defense continued their arguments from the previous day and addressed the required mental state, or mens rea, for liability under the Doctrine of Joint Criminal Enterprise (JCE). Referring to paragraph 228 of the Tadic (Appeals Judgment) the Defense Imran submitted that the Prosecution has failed to prove the requisite mental state for liability under JCE as they have presented no evidence to establish that Mujahid intended to take part in a common plan or design with any member of Al-Badr or othered armed group for the purpose of committing a crime. The Defense argued that there is no evidence on record showing that Mujahid even had knowledge of an alleged common plan or design. Referring to the allegation that the accused said “usko hotao” (take him away) to his men, referring to a detainee, the Defense argued that these mere words do not prove the mental state of intent and knowledge required for JCE-1, as that type of JCE requires material participation by the Accused. Continue reading →

3 June 2013: ICT-2 Daily Summary – Mujahid Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid

Today the Defense continued their closing arguments in the case of Chief Prosecutor vs. Mujahid. They completed their arguments regarding the requirement of effective control by the Accused in order establish liability under Command Responsibility. They also emphasized doubt pertaining to particular charges due to inconsistent witness testimony. The Defense argued that the required mens rea, or mental state, has not been proven in the instant case. Finally the Defense submitted arguments regarding the Doctrine of Joint Criminal Enterprise (JCE) under international law.  Continue reading →

27 May 2013: ICT-2 Daily Summary – Contempt, Ashrafuzzaman Khan and Moinuddin Order, Mujahid Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings vs. Prosecution Witness 2, Jalal
  2. Chief Prosecutor vs. Ashrafuzzaman Khan
  3. Chief Prosecutor vs. Chowdhury Moinuddin
  4. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid

The day’s proceedings began with the Defense notifying the court that Prosecution witness 2 in the Mujahid case had allegedly assaulted Defense counsel member Munshi Ahsan Kabir near his chambers in Paltan, Dhaka. On 26 May 2013, Mr. Kabir was on his way to the chamber to attend a meeting of the Defense team. As he was descending from his rikshaw he encountred the witness, Jalal, who verbally assaulted him, calling him ‘son of Rajakar’ and using other insults and curses. The Defense claimed that Jalal then kicked Mr. Kabir in his lower abdomen by the prosecution witness, causing him to collapse on the ground. Jalal fled the scene. Mr. Kabir was then taken to the hospital by local people. The Defense urged the Tribunal to take action against the attacker of the and expressed the hope that all would agree, including the Prosecution. The Tribunal fixed 28 May 2013 for a hearing of the Defense’s contempt petition regarding the attack.

The Tribunal nex passed an order allowing the trials of Md Ashrafuzaman Khan, alias Nayeb Ali, and Moinuddin Chowdhury to be held in absentia under Section 10A of the ICT Act and Rule 32 of the Rules of Procedure of Tribunal-2. The judges observed that the two accused have not appeared before the court despite publication of notices in two widely circulated national dailies. The Tribunal stated that the two are considered to have absconded in an effort to avoid trial and that therefore their trials will commence in their absence. Mr Abdus Shukur Khan and Salma Hye Tuni, both learned advocates of the Supreme Court of Bangladesh have been selected as State-appointed-counsels to defend the accused, and will receive remuneration as approved by the Tribunal.

Finally, the in the case of Mujahid the Defense resumed Closing Arguments, addressing factual and evidentiary issues pertaining to Charges 2 to 6. The Defense noted that Charge 7 would be addressed on the following day and that Defense counsel Abdur Razzak would subsequently discuss relevant legal issues in the case.  Continue reading →